Juno Announces Breakthrough in Spam Lawsuit Against TCPS

Ad-backed email service and ISP Juno Online Services said it successfully located alleged spammer Ronald Alvin, calling him “the elusive chief of alleged porn marketer TCPS Inc.,” and successfully served court papers on him at his Brooklyn, NY residence.

As a result, Juno said it expects its four-month old, million-dollar lawsuit against TCPS, Alvin, and Financial Planning Associates, another affiliate of Alvin, to proceed to a jury trial soon in federal court in New York.

Juno filed a federal lawsuit in May seeking damages against a number of defendants it alleges forged the Juno name into unsolicited commercial e- mail. The suit claims TCPS flooded the Internet with hundreds of thousands of unsolicited email messages touting sexually explicit videotapes.

“A large number of ISPs and a larger number of individual users of the Internet have been victimized by TCPS, but until now no one has been able to take effective action against this spammer. I am pleased that Juno was finally able to locate Ron Alvin, and I know we will have broad support across the Internet for our efforts to put an end to TCPS’ pernicious and ongoing spam campaigns,” said Richard Buchband, senior vice president and general counsel of Juno.

In its lawsuit against TCPS and others, Juno notes that the practices of spammers caused interference with its business and the use and enjoyment of its services by legitimate subscribers. Juno is seeking punitive damages in excess of $1 million against TCPS and Alvin for damage to Juno’s reputation, as well as damages for federal trademark infringement, false designation of origin, fraud, and unjust enrichment. Additionally, the suit asks the court to grant a preliminary and permanent injunction.

Juno said it is the world’s second largest provider (after America Online) of dial-up Internet services. More than 5.7 million Juno accounts have been created since its launch, and approximately 250,000 new accounts are created every month.